New DPOR Laws Improve Efficiency, Support Military Service Members, and Promote Consumer Protection

Attention DPOR Regulants: Be prepared to provide proof of licensure upon request

Richmond – Effective July 1, 2012, several new laws affect individuals and businesses regulated by the Department of Professional and Occupational Regulation (DPOR).

The General Assembly provides for professional regulation to protect the public’s health, safety and welfare. Full text of the new laws is available on the Legislative Information System (http://lis.virginia.gov).

HB 1219 and SB 678 are comprehensive bills implementing recommendations of Governor McDonnell’s Commission on Government Reform and Restructuring. At DPOR, the new law will merge two regulatory programs (opticians and geologists) into existing boards. The newly merged boards are the Board for Hearing Aid Specialists and Opticians, and the Board for Professional Soil Scientists, Wetland Professionals, and Geologists.The Reform bills also de-regulate two DPOR professions: hair braiding and mold remediation and inspection. State licenses are no longer required to practice these professions.

HB 609 requires anyone regulated by a DPOR board to present proof of licensure/certification to customers and prospects upon request, as well as proof of any required bond or insurance.

HB 1262 and SB 662 temporarily suspend the written exam requirement for conventional Onsite Sewage System Installers who apply for licensure by July 1, 2016. Eligible applicants must have experience performing conventional installations for eight of the last 12 years. The new law also splits the existing licensure program for Onsite Sewage System Installers into two types, one for conventional systems and one for alternative systems.

HB 937 instructs DPOR and its regulatory boards to establish procedures for expediting license applications from military spouses who hold similar credentials from another state. Effective 2014, this new law will require DPOR to issue temporary licenses to military spouses if approval for a regular license will take longer than 30 days, in order to allow them to work while completing entry requirements.

HB 938 puts an existing DPOR practice into law, by mandating that regulatory agencies count military training, education, or experience toward the legal or regulatory requirements for licensure.

HB 233 establishes a registration requirement for re-sellers of timeshares, administered by the Common Interest Community Board. Registered timeshare re-sellers will be required to make certain written disclosures to purchasers.

HB 210 directs the Real Estate Appraiser Board to establish a licensure program for Appraisal Management Companies (AMCs), effective in 2014, in order to comply with federal law. AMCs administer a network of appraisers to complete appraisal assignments on behalf of mortgage lending institutions, and the federal Dodd-Frank Act requires states to regulate AMCs in order to lessen interference in the appraisal process.

HB 337, requested by DPOR, strengthens the ability of regulatory bodies to take legal action against exam imposters and others who obtain licenses fraudulently.

HB 917, also requested by DPOR, removes references to minimum meeting requirements for regulatory boards. Rather than meeting a certain number of times each year, boards will be required to meet at least once annually, but allowed to meet more often as determined by workload.

HB 1219, requested by the Common Interest Community Board, provides an administrative way to terminate inactive condominium and timeshare registrations. This new law will allow the CIC Board to operate more efficiently, by removing registrations if the condo or timeshare developer fails to file the required annual report for three years or if the SCC registration has been inactive for five years.

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